Criminal Procedure Code, 1973, Section 125 -- Maintenance - Amendment in provision - Amendment applies to pending cases also - However, maintenance will be restricted to Rs.500/- upto the date of amendment and thereafter maintenance payable is Rs.1500/- p.m...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Claim of Rs.500/- p.m. - Amendment in provision during pendency of proceedings - Amended provision applies to pending cases as well - Maintenance allowed at the rate of Rs.500/- p.m. from the date of application to the date of amendment and at the rate of Rs.1500/- from the date of amendment...........
Negotiable Instruments Act, 1881, Section 145 -- Provision of S.145 of the Act is retrospective in operation and is applicable to cases pending before the provision came into force...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Producing document by plaintiff at the stage of arguments - Documents certified copies of Court proceedings - Formal proof of documents not sought - Allowed - Defendant allowed to produce documents in rebuttal - Held further, plaintiff will not be entitled to formally ask for exhibiting those documents and for..........
Clean hands -- Suppression of material fact - Non disclosure of fact in the writ petition that a civil suit is pending - Amounts to suppression of material fact - Writ petition dismissed - Order upheld...........
Promotion -- Sealed cover procedure - GOI OM dated 12.1.1988 - On the day on which DPC was held its meeting no enquiry was pending - No decision was taken by the employer that a departmental proceeding should be initiated against him - Paragraph 2 of the said circular specifically refers to submission of charge sheet as the cut-off date when a departmental proceeding can..........
Criminal Procedure Code, 1973, Section 9, 11, 16 -- Mahila Court - Establishment of - Transfer of proceedings - Legality of - Sessions Judge was posted as Mahila Court after such Mahila Court was established by Govt. - Powers of Metropolitan Magistrate conferred on Mahila Court on Sessions Judge without a specific notification by State Govt. establishing such Court of..........
Payment of Wages Act, 1936, Section 15(3) -- Compensation - The question of payability of an amount arises only when somebody is entitled to an amount - The proviso makes it clear that when there is no bona fide dispute about the amount payable, compensation cannot be awarded - In the case there is dispute about the entitlement of the claimant - The matter is pending..........
Criminal Trial -- Counter case - Duty of court - Held, whenever there is a case and counter case pending in between same parties over self-same incident then it is desirable that both cases should be disposed of by same court and judgment should be pronounced on same day - If trial of one case is concluded earlier, court should not deliver judgment until counter case..........
